Cullison v. Medley

619 N.E.2d 937, 1993 WL 317066
CourtIndiana Court of Appeals
DecidedAugust 24, 1993
DocketNo. 84A01-9210-CV-342
StatusPublished
Cited by4 cases

This text of 619 N.E.2d 937 (Cullison v. Medley) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cullison v. Medley, 619 N.E.2d 937, 1993 WL 317066 (Ind. Ct. App. 1993).

Opinion

BAKER, Judge.

Plaintiff-appellant Dan R. Cullison appeals the trial court's judgment vacating a favorable jury verdict and ordering a new trial and also denying a change of judge motion. The issues we must address are whether the trial court abused its discretion in vacating the verdict and erred by denying the change of judge motion. Because our resolution of the abuse of discretion issue necessarily depends on the detailed nature of the underlying circumstances, which are rather peculiar, we deem it wisest to start at the beginning and work our way forward. Although not particularly difficult, the task is far from pleasant.

On February 2, 1986, Cullison, then thirty-four, encountered then sixteen—firear old defendant-appellee Sandy Medley at an IGA parking lot in Linton, Indiana. Sandy was on an errand to pick up a container of Skoal chewing tobacco for her brother. After engaging her in conversation, Culli-son learned Sandy had recently broken-up with her boyfriend. He eventually commented that Sandy had pretty lips and invited her to have a soft drink with him. Sandy told Cullison she didn't think her father would approve. She was right.

[939]*939When Sandy's father, defendant-appellee Ernest Medley, heard Sandy's report, he strapped a .38 caliber handgun to his waist, threw on a coat, and gathered his wife, defendant-appellee Doris Medley, and his son, defendant-appellee Ron Medley. Together, he, Doris, Ron, and Sandy stormed over to Cullison's trailer. On the way, they stopped to pick up Terry Simmons, who was Sandy's brother-in-law and also Culli-son's neighbor and relative.

The group reached Cullison's home and pounded on the door. Due to the late hour, Cullison thought there might be an emergency, so he rushed to the door without first dressing. Upon seeing there was no emergency, he withdrew to the bedroom to put his pants on. When he returned, he found that the Medleys and Simmons had entered the trailer and were standing in his living room. According to Cullison, Ernest flipped his coat open several times so as to reveal the handgun and demanded to know just exactly what he had meant by his remarks to Sandy.1 When her turn came around, Sandy called Cullison "sick" and a "pervert" and, according to Cullison, "a bunch of stuff that I couldn't cope with hardly." Record at 221. Doris shouted "obscenities" and "filthy names." Record at 224. After about twenty minutes, Culli-son experienced severe chest pains and feared he was suffering a heart attack. The Medleys left. On the way out, Ernest told Cullison, "[If you ever talk to my daughter again I'm gonna jump astraddle you and we're gonna put the word out on you." Record at 223. Cullison was petrified.

The Medleys found their visit with Culli-son unsatisfying. According to Cullison, the Medleys missed few opportunities to express their continuing displeasure with him. For example, not long after the "jump astraddle" incident Cullison saw Ernest at a Hardees restaurant. . Ernest again had a gun strapped to his waist. He glared at Cullison. Later, Cullison learned Ernest had previously shot a man in the back who had stolen some gasoline.2 On two separate occasions, Doris called Culli-son a "bastard." Record at 332, 333. On another occasion, Sandy drove past Culli-son and "flipped me off one night, give me the finger." Record at 330. On still another occasion, Sandy and Doris walked "back and forth" in front of Cullison's home while Ernest stood at the edge of his driveway. Record at 387.

As a result of these episodes, Cullison slept and ate little: When he did sleep, he had nightmares. He was depressed and anxious. He continued to suffer chest pains and panic attacks and was stricken with headaches. He was physically unable to work.

If by "putting the word out" on Cullison the Medleys meant spreading their perceptions of Cullison's behavior among their fellow townsfolk, the Medleys held true to their pledge. If Cullison is to be believed, 'it did not take long for many Linton residents, particularly high school-aged girls, to ostracize Cullison at every opportunity. If, on the other hand, the Medleys are to be believed, Cullison's ostracism occurred well before they ever said anything about him, his proclivities for the younger members of the community being as well-known as they were disliked.

Just how much of a pariah had Cullison become? On those occasions when Culli-son could work, "it seems like just about every job I go on, I get confronted about being a pervert or a child molester." Record at 337. Two local fastfood restaurants told Cullison, "We don't want your kind in here." Record at 413. He was called "the town pervert." Record at 472. He testified, "I walk down the street, women run screaming from me. I've had that happen to me.'" Record at 336. The following passage sums it all up:

Q: Is it socially acceptable in Linton to call you a pervert?
A: That's what I hear, yes.

Record at 509.

The "jump astraddle" incident was bad enough. The threat of bodily harm fright, [940]*940ened Cullison badly and had affected him physically. Worse was the effect the Medleys' actions had on Cullison's relations with women. "Every time I got around [a female] I just, just kinda, kinda lost it I guess," Cullison explained. "I just, freeze up and I couldn't, couldn't even hardly talk to them. Nervous." Record at 235. Worst was his complaint that he had been rendered sexually impotent, unable to achieve an erection upon demand, as it were.

Cullison consulted a physician and was referred to a urologist. The urologist fitted Cullison with a device called a "snap gauge," designed to determine whether Cullison was having erections during his sleep.3 Because Cullison was experiencing erections in his sleep, the urologist ruled out physical defects as the cause of Culli-son's impotence. The urologist prescribed a "pep kit" with which Cullison could achieve an erection by injecting his penis with papaverine and phentolomene.4 Culli-son's urologist "personally showed [Culli-son] how to inject himself ... so he wouldn't cause any damage if he got it in the wrong place. And then he took those home, the syringes and that sort of thing, home and practiced, came back to my office ... and demonstrated ... that he was able to self-inject, without any problems{.]". Record at 454. According to Cul-lison, "about the only way you can compare it is just, like you pumped it full of air or something, and it lasts for quite a long time. Sometimes up to six hours." Record at 248. with saline

Seeking recovery for his emotional and psychological injuries, Cullison filed suit against the Medleys alleged trespass, assault, harassment, and intentional infliction of emotional distress. The Medleys, who were convinced Cullison's claim was phony, successfully responded with a motion for summary judgment. On Cullison's appeal, this court affirmed the entry of summary judgment because as the law stood at the time, the "impact rule" generally prohibited recovery of emotional distress damages when the plaintiff suffered no physical injury. Cullison v. Medley (1990), Ind.App., 559 N.E.2d 619.

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619 N.E.2d 937, 1993 WL 317066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cullison-v-medley-indctapp-1993.